Loading...
HomeMy WebLinkAboutPacket - CZIM - 12-29-2020 COMMUNITY ZONING INFORMATION MEETING TUESDAY, DECEMBER 29, 2020 AT 7:00 PM CITY HALL – COUNCIL CHAMBERS 2006 HERITAGE WALK Join Zoom Meeting https://zoom.us/j/99121980753 Meeting ID: 991 2198 0753 One tap mobile +13017158592,99121980753# US (Washington D.C) Agenda Item/Location/ Applicant Rezoning Request RZ21-01/VC21-01 13085 Morris Road WRPV XIV Deerfield Village Milton, LLC Existing Zoning: T5 Limited (Deerfield Form Based Code) Proposed Zoning: AL (Apartments Limited) To correct a legal nonconformity with regard to density of a multi-family project that was built in 2001. No changes to the existing development are proposed. Total of 554 units at a density of 18.43 units per acre on 30.05 acres. Agenda Item Text Amendments RZ21-02 Sec. 64-1 Definitions RZ21-03 Sec. 64-1609 – Swimming Pools Public Hearings: Design Review Board – Council Chambers (no text amendments) Tuesday, January 5, 2021 at 7:00 p.m. Planning Commission Meeting – Council Chambers Wednesday, January 27, 2021 at 6:00 p.m. Mayor and City Council Meeting – Council Chambers Monday, March 1, 2021 at 6:00 p.m. Location: Milton City Hall 2006 Heritage Walk Milton, GA 30004 Ca mp Cr e e k A l p h a r e t t aAlpharetta New Fawn Lane DeerTrail Alltel Center Deer f i e l d Point ArbotWayWen ningtonTrace Lathenvi ewCourt Rose Way DeerfieldAvenueDeerTrail MorrisRoadCreated/Altered: 12/23/2020 G:\TaxCommunityDev\SiteMap\SiteMapRZ-21-01_ap_v1.mxd Site MapRZ-21-01 / VC-21-0113085 Morris Road 2021 Subject ParcelRiversWaterbodiesParcelsMilton City Limits §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 5 0 500 1,000250Feet City of Milton Page is too large to OCR. Page is too large to OCR. MORRIS, MANNING & MARTIN, LLP November 25, 2020 City of Milton Attn: Community Development 2006 Heritage Walk Milton, GA 30004 Henry A. Bailey 404-504-5446 hbailey@mmmlaw.com www.mmmiaw.com RE: Letter of intent for rezoning on property located at 13085 Morris Road, Milton Georgia 30004. To Whom it May Concern: This application seeks approval of a rezoning request of the property referenced above. Specifically, this request is brought forward to rezone the property from T5 -Limited (Deerfield Form Based Code) to AL (Apartment Limited) with a total of 554 units at a density of 18.43 on 30.05 acres. The property is located in the Deerfield future land use character area that encourages the type of development that exists on the property. The existing multi -family residential development will remain as no changes to the existing development is proposed. This application also requests two concurrent variances to allow the tennis courts and fencing to be located as shown on the site plan and the swimming pool and fencing to also be located as shown on the site plan. The request for the concurrent variances is a result of the property already being developed with the aforementioned improvements. Granting the rezoning and variance requests made by this application will correct a legal nonconformity regarding the density and the site layout of the multi -family project that was developed in 2001 pursuant to Fulton County zoning standards prior to the incorporation of the City of Milton. Very Henry A. )gailey, Jr. Phone: 404.233.70001 www.mmmiaw.com 1600 Atlanta Financial Center) 3343 Peachtree Road, NEI Atlanta, GA 30326, USA Atlanta • Columbus • Raleigh-Durham • Savannah • Washington, DC Pre -application Review for Rezoning, Use Permit(s), and Concurrent Variance(s) PRE -APPLICATION REVIEW FOR REZONING, USE PERMIT(S) AND CONCURRENT VARIANCE(S) Check all that apply: Reaoning X Use Permit(s) Concurrent Variance(s) Property Address: 13085 Morris Road Milton, Georgia 30004 Existing Zoning: T5 -Limited Existing Petition(s): Existing Use: _ Multifamily ResidentialW Tax PIN(s): 21-5480-1042-015-0 Proposed Zoning:- -Apartment Limited Dwelling (A—L) Proposed Use Permit(s). Multifamily Residential Comprehensive Plan Land Use Map:_Deerfield Land Lot(s): 1042-1045 District: 2 Overlay District: Total Acreage: 30 045 Frontage: Morris Road Side: _ West Distance: Varies Frontage:_,___---__ _ Side: _ ___.. Distance:� Frontage; Side:_ Distance: Applicant: WRPV XIV Deerfield Village Milton, LLC Phone: 312-948-4512 30 South, Wacker Drive, 36th Floor ,wq _ _ .,v Entail. ed.krase@yvaterton.com Chicago, IL 60606 Fax: 312-476-2440 Owner: WRPV XIV Deerfield VillageMilton, LLC 30 South Wacker Drive, 36th Floor Chicago, IL 606060X0 Representative Carl E. Westmoreland Morris, Manning & Martin, 3343 Peachtree Road, N.E. NVw -Atlanta GA 3032_fs__.___.__._____.__ Phone: 312-948-4512 Email: ed.krase@waterton.com Fax: 312-476-2440 Phone: 404-504-7799 Email: cwestmoreland@mmmiaw com Fax: 313-365-9532 Applicant's Intent: To rezone from T5 Limited (Deerfield Form Eased Code) to AL (Apartment Limited) with a total of 55_4 units at a densityof 18.43 on 30.05 acres This a lication is filed to correct ale al nonconf � mit gth re and io densi _y__ ­!__ -._ ._. �.._ PP _ 9_ n ._ __ _ Y _ _ 9 of a multi -family project which was built in 2001 consistent with then applicable Fulton Count zoning standards. No _ _.,g__ _. i ._.. _ ._ _b _.._-_ a .._r --p ..__.- �_ . _._ _. _ .-- changes to the existing development are proposed. CONCURRENT VARIANCE(S): Article/ Section: 64-1602(b)(2) Request: To allow the existing tennis courts and fencing to be located as shown on the site Dian. Article/ Section: 64-1.609(bl(3�� Request: To allow the existing swimming pool and fencing to be located as shown on the site plan_ w_ Article/Section: _ Request: Article/ Section: _ Request: Sign Posting Yes Sewer/Septic t--No DRI Review Public Participation Yes Cemetery Traffic Study Stream Protection Yes Environmental Impact ReporNoise Study NON-RESIDENTIAL: RESIDENTIAL:�jy Q Building Height: No. of Units: " /_ Density: Gross Square Footage: _ Minimum Heated Floor Area: Density: - _ Minimum Lot Area: DEVELOPMENT STANDARDS FOR CUP, NUP, & MIX DISTRICTS Minimum Front Yard Minimum Lot Frontage Minimum Rear Yard Minimum Lot Width Minimum Side Yard (Interior) _ Minimum Building Separation Minimum Rear Yard (Adj. to Street) ATTENDANCE IS REQUIRED AT THE FOLLOWING MEETINGS: Design Review Board Community Zoning Information Meeting Planning Commission Meeting Mayor and City Council No Yes No Applicant's Signature: To the best of my knowledge, this Pre -application review is correct and complete. If additional variances are determined to be necessary, I understand that I am responsible for filing an appeal as specified by Article X of the Cyy of Milton Zoning Ordinance. Applicant: ���'=�=- - �. _ _ _ -- Date:. _ Planner: ��rC�" Date: I1 _ _ Jb - - --- Environmental Site Analvsis 1. Conformance with the Comprehensive Plan. This property contains an e,Xisting multi -family development that will remain. Applicant has no current plan to redevelop the property and has applied for a rezoning to remedy an existing non-coilConn Ity. Nonetheless, the Comprehensive Plan designates this area as "Deerfield". The Deerlield character area policy plans for "live, work and play' areas that includes a mixture of higher density residential, commercial and office uses. Accordingly. because this 'property is Currently developed with a high density residential development, it is aligned with the policy of Comprehensive Plan.. 2. Environmental Impacts of the Proposed Project. As previously stated, there is no proposed project on this site. The existing multifamily residential development will remain as it is currently developed. With respect to the environmental impacts of the existing development the applicant offers the following: a. Wetlands -- there are no observable wetlands on the property. b. Floodplain — the property contains both Zone -X (shaded and unshaded) along with Zone -- AE on the property. The flood zones are located hear the eastern portion of the property and there is minimal development encroachment that will not be fiirthered. C. Streams — There is a stream that traverses the middle of the property. No development is located near or within any buffer of the stream, d. Slo es —The property generally does not contain severe slopes. However, there are some areas with significant elevation changes but are due to grading of the site for the existing development that will not be furthered. e Vegetation and Specimen Trees — the site is landscaped and is heavily populated with existing mature trees that will remain. There is no plan to remove any trees on the property or change the layout of any of the existing landscaping. f: Wildlife Species - the site contains the wildlife common to the area. No habitats or ecosystems will be remove or otherwise altered. g. Archeolo�icallllistotical Sites— no observable archeological or historical sites. 3. Project Implementation Measures. As previously mentioned, there is no project proposed for this property as the existing; MILTON'� Submit completed forms to: City of Milton, Attn: Community Development, 2006 Heritage Walk, Milton, GA 30004. Call 678-242-2500 with questions. APPLICATION FOR REZONING OR USE PERMIT AND CONCURRENT VARIANCE DATE: SECTION I: REZONING REQUEST Office use only Zoning Case #: TAX PARCEL ID. NO. 21-5480-1042-015-0 Road Frontage: __ Property Address (if available) 13085 Morris Road Existing Zoning T5 -Limited ----- Proposed Zoning Apartment Limited (A -L) SECTION II: USE PERMIT REQUEST N/A Office use only Use Permit Case #: Road Frontage: Under the provisions of Article XIV of the City of Milton Zoning Ordinance, application is hereby made to obtain a Use Permit as follows: Current Zoning Use Permit Request SECTION III: CONCURRENT VARIANCE REQUEST(S) N/A Office use only Variance Case #: Request 1) To allow the existing tennis courts and fencing to be located as shown on the site plan. Ref. Article Article IX Section 64-1602(b)(2) Request 2) To allow the existing swimming pool and fencing to be located as shown on the site plan. Ref. Article Article IX Section 64-1609(b)(3) Request 3) Ref. Article _ _ _ Section Page 5- Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 SECTION IV: OWNER/PETITIONER NOTICE: Part 1 and/or Part 2 below must be signed and notarized when the petition is submitted. Please complete Section IV as follows: a) If you are the sole owner of the property and not the petitioner complete Part 1. b) If you are the petitioner and not the sole owner of the property complete Part 2. c) If you are the sole owner and petitioner complete Part 1. d) If there are multiple owners each must complete a separate Part 1 and include it in the application. Part 1. Owner states under oath that he/she is the owner of the property described in the attached legal desc(ption, which is made part of this application. If the owner is a corporation, limited liability company, limited partnership, limited liability partnership, or other entity recog- nized by the State of Georgia other than an individual, than the individual signing the petition states under oath that he/she has been authorized by the owner pursuant to the necessary formalities to sign on its behalf.* WRPV XIV Deerfield Village Milton, LLC Sworn to opq subscribed before me this the TYPE OR PRINT OWNER'S NAME 30 South Wacker Drive, 36th Floor J Day o _ 20 ADDRESS Chicago, IL 60606 _ CITY &STATE ZIP CODE NOT R L 312-��tS-1!�)2-� ?i\ PHONE NUMBER MY CUMMKS'ION EXPIRES u ' " "OFFICIAL SEAL" OWNER'S SIGNATURE w JI HWANG Z Notary Public, State of Illinois Part 2. Petitioner states under oath that: (1) he/she is the a eceAtyc¢amnn4ittrlrl 0loa Power -of -Attorney for the owner (attach a copy of the Power -OT-- Attorney letter an ype name above as "Owner"); (2) he/she has an option to purchase said property (attach a copy of the contract and type name of owner above as "Owner"); or (3) he/she has an estate for years which permits the petitioner to apply (attach a copy of lease and type name of owner above as "Owner"). If the petitioner is a corporation, limited liability company, limited partnership, limited liability partnership, or other entity recognized by the State of Georgia other than an individual, than the individual signing the petition states under oath that he/she has been authorized by the petitioner pursuant to the necessary formalities to sign on its behalf.* TYPE OR PRINT OWNER'S NAME Sworn to and subscribed before me this the Day of ADDRESS CITY & STATE ZIP CODE NOTARY PUBLIC PHONE NUMBER MY COMMISSION EXPIRES PETITIONER'S SIGNATURE 20 *Pursuant to O.C.G.A. 16-10-20, "A person who knowingly and willfully ...makes a false, fictitious, or fraudulent statement or representation ... in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than five years, or both." Page 6 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 SECTION V: ATTORNEY / AGENT If this application is signed by an attorney or agent on behalf of another, the undersigned attorney/agent states under oath that they have been given express permission to execute and submit this application on their behalf. Check One: ® Attorney ❑ Agent Carl E. Westmoreland TYPE ORNEYE ME SIGNATURE OF ATTORNEY / AGENT Morris, Manning & Martin, LLP 3343 Peachtree Rd, Ste 1600 ADDRESS Atlanta, GA 30326 CITY & STATE ZIP CODE 404-233-7000 PHONE NUMBER PETITIONER'S SIGNATURE *Pursuant to O.C.G.A. 16-10-20, "A person who knowingly and willfully ...makes a false, fictitious, or fraudulent statement or representation ... in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than five years, or both." Page 7 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 [ENVIRONMENTAL SITE ANALYSIS -FORM A Provide a complete Environmental Site Analysis document fully addressing all items as required in sections 1 through 3 below. Attach this Form A to the front of the completed Environmental Site Analysis document (and any subsequent revisions) prior to submission. ESA Revision Number: pplicant: WRPV XIV Deerfield Village Milton, LLC 312-476-2060 A Phone Number: CONFORMANCE WITH THE COMPREHENSIVE PLAN. Describe the proposed project and the existing environmental conditions on the site. Describe adjacent properties. Include a site plan that depicts the proposed project. Describe how the project conforms to the Comprehensive Land Use Plan. Include the portion of the Comprehensive Plan Land Use Map which supports the project's conformity to the Plan. Evaluate the proposed project with respect to the land use suggestion of the Comprehensive Plan as well as any pertinent Plan policies. 2. ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT. For each environmental site feature listed below, indicate the presence or absence of that feature on the property. Describe how the proposed project may encroach or adversely affect an environmental site feature. Information on environmental site features may be obtained from the indicated source(s). a. Wetlands • U. S. Fish and Wildlife Service, National Wetlands Inventory (fittp://www.fws.gov/wetlands /Data /Mapper.htm1) • Georgia Geologic Survey (404-656-3214) • Field observation and subsequent wetlands delineation/survey if applicable b. Floodplain • Federal Emergency Management Agency (http://www.fema.org) • Field observation and verification c. Streams/stream buffers • Field observation and verification d. Slopes exceeding 25 percent over a 10 -foot rise in elevation • United States Geologic Survey Topographic Quadrangle Map • Field observation and verification e. Vegetation • United States Department of Agriculture, Nature Resource Conservation Service • Field observation f. Wildlife Species (including fish) • United States Fish and Wildlife Service • Georgia Department of Natural Services, Wildlife Resources Division, Natural Heritage Program • Field observation g. Archeological/Historical Sites • Historic Resources Survey • Georgia Department of Natural Resources, Historic Preservation Division • Field observation and verification h. Specimen trees • Identify all specimen trees as defined by the City of Milton Tree Preservation Ordinance Page 8 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 3. PROJECT IMPLEMENTATION MEASURES. Describe how the project implements each of the measures listed below as applicable. Indicate specific implementation measures required to protect environmental site feature(s) that may be impacted. a. Protection of environmentally sensitive areas, i.e., floodplain, slopes exceeding 25 percent, river corridors. b. Protection of water quality c. Minimization of negative impacts on existing infrastructure d. Minimization on archeological/historically significant areas e. Minimization of negative impacts on environmentally stressed communities where environmentally stressed communities are defined as communities exposed to a minimum of two environmentally adverse conditions resulting from public and private municipal (e.g., solid waste and wastewater treatment facilities, utilities, airports, and railroads) and industrial (e.g., landfills, quarries and manufacturing facilities) uses. f. Creation and preservation of green space and open space g. Protection of citizens from the negative impacts of noise and lighting h. Protection of parks and recreational green space i. Minimization of impacts to wildlife habitats Page 9 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 5'111--l- Analyze , k Analyze the impact of the proposed rezoning and answer the following questions: 1. Does the zoning proposal permit a use that is suitable in view of the use and development of adjacent and nearby property? Yes 9 No ❑ The multi -family residential use on the property was developed in 2001 and is suitable with the use and development of adjacent and nearby property. The existing development will remain as there is no plan to redevelop the property. 2. Does the zoning proposaladversely affect the existing use or usability of adjacent or nearby property? Yes ❑ No Adjacent and nearby property will not be adversely affected by the rezoning requested on this property. The property is surrounded by additional high density residential development on all sides except, the property is bordered on the east by Georgia -400. 3. Does the property to be rezoned have a reasonable economic use as currently zoned? Yes A No ❑ Yes, the property has a reasonable economic use as currently zoned. However, as currently zoned, which occurred post development, creates a non -conformity with respect to density. This non -conformity has become a considerable obstacle with regard to refinancing. 4. Will the zoning proposal result in a use that could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? Yes ❑ No Because this is a property with an existing development with no additional development proposed, there will be no further impact on the existing streets, transportation facilities, utilities or schools. 5. Is the zoning proposal in conformity with the policies and intent of the land use plan? Yes ❑ No The property was developed under the Fulton County zoning standards, prior to the formation of the City of Milton and its subsequent zoning standards. 6. Are there existing or changing conditions that affect the use and development of the property which support either approval or denial of the zoning proposal? Yes N No ❑ Development around the area is consistent with the Deerfield Character Area of the Comprehensive Plan. This supports recommending approval as the property is surrounded by other higher density residential development. 7. Does the zoning proposal permit a use that can be considered environmentally adverse to the natural resources, environment, or citizens of the City of Milton? Yes ❑ No The existing use on the property will not be changed. There is no additional use proposed. The existing multifamily residential use is not an environmentally offensive or adverse use. Page 10 -- Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09,19.2019 31= Office use only Petition #: _ _ Mayor and Council Hearing Date:. Within the (2) years immediately preceding the filing of this zoning petition have you, as the appli- cant or opponent for the rezoning petition, or an attorney or agent of the applicant or opponent for the rezoning petition, made any campaign contributions aggregating $250 or more or made gifts having an aggregate value of $250 to the Mayor or any member of City Council. If the answer is YES, proceed to sections 1 through 4. If the answer is NO, complete only section 4. 1. CHECK ONE: ❑ Party to Petition ❑ In Opposition to Petition If party to petition, complete sections 2, 3 and 4 below. If in opposition, proceed to sections 3 and 4 below. 2. List all individuals or business entities which have an ownership interest in the property which is the subject of this rezoning petition 3. CAMPAIGN CONTRIBUTIONS: Name of Government Official Total Dollar Amount Date of Contribution Enumeration and Description of Gift at $250 or more 4. The undersigned acknowledges that this disclosure is made in accordance with the Official Code of Georgia, Section 36-67A-1 et. seq. Conflict of interest in zoning actions, and that the information set forth herein is true to the undersigned's best knowledge, information and belief. Name (print): N � n - ------ --- --- 1 Signature: F--� Date: _� Z� Page 1 1 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 DISCLOSURE REPORT- FORM C Office use only Petition #: Mayor and Council Hearing Date: Within the (2) years immediately preceding the filing of this zoning petition have you, as the appli- cant or opponent for the rezoning petition, or an attorney or agent of the applicant or opponent for the rezoning petition, made any campaign contributions aggregating $250 or more or made gifts having an aggregate value of $250 to the Mayor or any member of City Council. If the answer is YES, proceed to sections 1 through 4 If the answer is NO, complete only section 4. 1. CHECK ONE: ❑ Party to Petition ❑ In Opposition to Petition If party to petition, complete sections 2, 3 and 4 below. If in opposition, proceed to sections 3 and 4 below. 2. List all individuals or business entities which have an ownership interest in the property which is the subject of this rezoning petition 3. CAMPAIGN CONTRIBUTIONS: Name of Government Official Total Dollar Date of Enumeration and Amount Contribution Description of Gift at $250 or more 4. The undersigned acknowledges that this disclosure is made in accordance with the Official Code of Georgia, Section 36-67A-1 et. seq. Conflict of interest in zoning actions, and that the information set forth herein is true to the undersigned's best knowledge, information and belief. Name (punt): Morris, Manning & MartiQ,, LLP; Carl E. Westmoreland, Esq. Signature: _ Date: 11/23/2020 Page 1 1 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 PUBLIC PARTICIPATION PLAN -FORM D Petition #: Applicant: Date 1. The following individuals (property owners within a quarter mile of the property), homeowners associations, political jurisdictions, other public agencies, etc., will be notified in accordance with the requirements of Sec. 64-2132 of the Zoning Ordinance: List of notice parties to be generated by City of Milton per conversation with Robyn Macdonald on 11.18.20. 2. The individuals and others listed in 1. above will be notified of the requested rezoning/use permit using the following method(s): (e.g., letters, meeting notices, telephone calls, e-mails, etc.) Certified Mail 3. Individuals and others listed in 1. above will be allowed to participate in the following manner: (At least one meeting at a convenient time and location is required) Applicant will host a meeting via Zoom to inform interested neighbors of the application and take any questions they may have. Attach additional sheets as needed. Page 13 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us Revision Date: 09.19.2019 ALL THAT TRACT OR PARCEL OF LMND LYING A44D BEING IN LAND LOT 1042, 1043, 104.4 AND 1045 OF THE 2NO LAND DISTRICT OF THE IST SECTION, AND LAND LOT 1045 OF THE 2ND LAND DISTRICT OF THE 2ND SECTION OF FULTON COUNTY„ GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POE POINT OF BEGINNING, COMMENCE AT A ME -HALF (4/2) INCH REBAR FOUND LOCATED AT THE LAND LOT CORNER BEING COMMON TO LAND LOTS 973, 974,; 1042 AND 1043 OF THE 2ND LAND DISTRICT CI~ THE IST SECTION OF FULTON COUNTY, GEORGIA,` THENCE LEAVING THE AFORESAID LAND LOT CORNER, .RUN AL O G THE LAND LOT LINE BEING COMMON TO LAND LOTS 1042 AND 1043 OF THE AFORESAID DISTRICT, SECTION AND COUNTY SOUTH OD DEGREES 59 MINUTES 23 SECONDS EAST, A DISTANCE OF 185,98 FEET TO A POINT MARKING THE INTERSECTION OF THE AFORESAID LAND LOT LINE AND FHE CENTERUNE OF A CREEK, SAID PORT SONG THE TRUE POINT OF BEGINNING, FROM THE TRUE POINT OF BEGINNING, AS THUS ESTABLISHED, PON ALONG THE CENTERLINE OF THE AFORESAID CREEK THE FOLLOWING EIGHT (6) COURSES AND DISTANCE-° (1) SOUTH 56 DEGREES 40 MINUTES 46 SECONDS EAST, A DISTANCE OF 89.45 FEET TO A POINT (2) SOUTH 67 DEGREES 50 MINUTES IS SECONDS EAST, A DISTANCE OF 65.51 FEET TO A POINT; (3) SOUTH 37 DEE EES 04 MINUTES 26 SECONDS EAST, A DISTANCE OF 195,59 FEET TO A POINT, (4) SOUTH 60 DECREES 50 MINUTES 17 SECONDS EAST, A [DISTANCE OF 55,3.2FEET TO A POINT: (5) SOUTH 31 DEGREES 50 MINUTES t)1 SECOND EAST, A DISTANCE OF 3-8-34 FEET TO A POINT; (6) SOUTH 73 DEGREES 35 MINUTES 49 SECONDS EAST, A DISTANCE OF 21Q.B1 FEET TO A POINT (7) NORTH 17 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF 257.44 FEET TO A PONT; AND (5) NORTH 79 DEGREES 06 MINUTES 49 SECONDS EAST, A DISTANCE OF 196.2+ FEET TO A PaNT LOCATED ON THE NO THIIAEMN RIGHT -CF -WAY -LINE OF GEORGIA HIGHWAY NO. 400 (HAVING A VARIABLE PJ HT -OR -`WAY 'WIDTH), THENCE LEA%4NG THE CENTERLINE OF THE AFORESAID CREEK, RUN ALONG THE NORTHWESTEI N4 RICHT-OF-WAY LINE OF ORGIA HIGHWAY NO, 400 SOUTH 43 DECREES 46 IMPUTES 21 SECONDS WEST, A DISTANCE OF 30818 FEET TO A ONE-HALF (1/2) INCH REBAR FOUND, THENCE LEAVING THE NORTHWESTERN RIGHT-OF-WAY LINE OF GEORGIA HIGHWAY NO. +00, RUN SETH 89 DEGREES 46 MINUTES 02 SECONDS VEST, A DISTANCE OF '1,833,20 FEET TO ONE-HALF (1/2) INCH REBAR FOUND LOCATED AT THE SOUTHEASTERN CORNER OF THE PROPERTY NOW OR FORMERLY OM'ED BY RAG°WELL; THENCE LEAVING THE AFORESAID SOUTHEASTERN CORNER OF THE AFORESAID BAC,IAELL PROPERTY, RUN ALONG THE EASTERN BOUNDARY LIME OF THE AFORESAID BAG'WELL PROPERTY NORTH 00 DEGREES 20 MINUTES 39 SECONDS EAST, A DISTANCE OF 269,54 FEET TO A THREE-FOURT16 (3/4) INCH CRIMP TOP PIN FOUND LOCATED ON THE LAND LOT LINE BEING COMMON TO LAND LOTS 1043 .AND 1044 OF THE AFORESAID DISTRICT, SECTION AND COUNTY AND BEING THE NORTHERN BW14DARY LINE OF THE AFORESAID RAG ELL PROPERTY, THENCE LEAVING THE AFORESAID EASTERN BOUNDARY UNE OF THE BAG'WELL PRCPERTY RUN ALONG THE AFORESAID LAND LOT LIME BEING COMMON TO LAND LOTS 10+3 AND 1044 AND THE NORTHERN BOUNDARY UNE OF THE AFORESAID BAG'WELL PROPERTY, SOUTH 69 DECREES 43 MINUTES 53 SECONDS WEST, A DISTANCE OF 245.5FEET TO A THREE-FOURTHS (3/4) INCH CRIMP TOP PIN FOUND LOCATED ON THE EASTERN BOUNDARY LINE OF THE AFORESAID SAGAELL PROPERTY; THENCE LEAVING THE LAND LOT LINE TIEING COMMON TO LAND LOTS 1043 AND 1044, RUN ALONG THE EASTERN AND NCRTI-IEASTERN BOUNDARY LINES OF THE AFORESAID BAGWELL PROPERTY THE FOLLOWING TWO (2) COURSES AT DISTANCES (1) NORTH GAJ DEGREES 03 MINUTES 38 SECONDS WEST, A DISTANCE OF 30,05 FEET TO A THREE-FOURTHS (3/4) INCH CRIMP TOP PIN FOUND, AND (2) NORTH 71 DEGREES 31 MINUTES 21 SECONDS 'NEST, A DISTANCE OF 152.42 FEET TO A ONIE-FOURTH (1/4) INCH REBAR FOUND CROSSING THE LAND LOT UNE COMMON TO THE 2ND LAND DISTRICT OF THE IST SECTION AND THE 2ND LAND DISTRICT OF THE 2ND SECTION OF FULTON COUNTY, GEORGIA AND BEING FURTHER LOCATED ON THE SOUTHEASTERN RIGHT-OF-WAY LINE OF MORRIS ROAD (HAVING A 60 FOOT RIGHT-OF-WAY WIDTH THENCE I FAVING THE NORTHEASTERN BOUNDARY LINE OF THE AFORESAID BAG'4EI PROPERW AND CRD&SING THE LAND LOT LINE WMION TO THE 2ND LAND DISTRICT OF THE 1ST SECTION kND THE 2ND LAND DISTRICT OF THE SND SECTION OF THENCE LEAVING THE NORTHEASTERN BOUNDARY LINE OF THE AFORESAID BAG101 PPOPERTY ,'SND CROSSING THE LAND LOT UNE COMMON TO THE 2NO LAND CISTRICT OF THE IST SECTION AND ME 2ND LAND DISTRICT OF THE 2ND SECTION OF FULTON COUNTY AND RUN ALONG THE SOUTHEASTERN R-'GHT-CF-WAY LINE OF MORRIS ROAD THE FOLLOINING THREE (3) COURSES AND DISTANCES AND FOLLOWING THE CURVATURE THEREOF. (1) NORTH 13 DEGREES 39 MINUTES 53 SECONDS EAST A DISTANCE OF 25019 FEET TO A PCIINT, (2) ALONG THE ARC OF AN 1,002,13 FOOT RADIUS CURVE TO THE RIGHT HAVING AN ARC DIST-m4CE OF 519.14 FEET TO A POINT (SAID ARC BEING SUBTENDED BY A CHORD LYING TO THE SOUTHEAST THEREOF BEARING NORTH 28 DEGREES 30 MINUTES IS SECONDS FAST AND BEING 513.35 FEET IN LENGTH); AND (3) NORTH 43 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 158.10 FEET TO A POINT LOCATED ON THE CENTERUNE OF THE AFORESAID CREEK; THEINCE LEAMNG THE SOUTHEASTERN RIGHT-AT-W.A.Y UNE OF MORRIS ROAD, RUN ALONG THE CENTERLINE OF THE AFORESAID CREEK THE FOLIOWING FOURTEEN (14) COURSES AND DISTANCES: (1) SOUTH 48 DEGREES 13 MINUTES 45 SE 0,105 EAST, A DISTANCE OF 16-26 FEET TO A POINT; (2) SOUTH 75 DEGREES 26 MINUTES 45 SECONDS FAST, A DISTANCE OF 31.17 FEET TO A PUNT: (3) SOUTH 43 DEGREES 56 MINUTES 06 SECONDS EAST, A DISTANCE OF 4+39 FEEI TO A POINT; (4) SOUTH 52 DEGREES 46 MINUTES 17 SECONDS EAST, A DISTANCE OF 68~64 FEET TO A POINT, (5) SOUTH 44 DECREES 59 MINUTES 22 SECONDS MT, A DISTANCE OF 81,30 FEET TO A POINT, (5) SNTH 30 DEGREES 40 MINUTES 20 SECONDS EAST, A DISTANCE OF 5060 FEEI TO A PONT; (7) SOUTH 56 DEGREES 33 MINUTES 18 SE EAST, A DISTANCE OF 134.92 FEET TO A POINT, (8) SOUTH 48 DEGREES 52 MINUTES 36 SECONDS EAST. A DISTANCE OF 6+,07 FEET TO A PCINP, (9) SOUTH 65 DEGREES 32 MINUTES 28 SECONDS EAST, A DISTANCE OF 91.39 FEET TO A POINT; (10) SOUTH 77 DEGREES 32 MINUTES 55 SECONDS EAST, A DISTANCE 37.51 FEET TO A POINT; (11) SOUTH 5D DECREES ZO MINUTES 52 SECONDS EAST, A DISTANCE OF 147-32 FEET To A POINT, (12) SOUTH 67 DEGREES 36 14INUTES 01 SECONDS EAST, A DISTANCE OF 114.96 FEET TO A POINT, (13) SOUTH 74 DECREES 13 MINUTES 22 SECONDS EAST, A DISTANCE OF 161,11 FEET 10 A POINT; AND (14) SOUTH 65 DEGREES 20 MINUTES 04 SECONDS EAST, A DISTANCE OF 197.1.3 FEET TO A POINT LOCATED ON THE LAND LOT ONE BEING COMMON TO LAND LOTS 1042 AND 10+3 OF THE 2ND LAND DI MCT OF THE IST SECTION OF FULTON COUNTY, GEORGIA SAID POINT BEING THE TRUE POINT OF BEGINNING. PARCEL 2 EASENiENTS AND OTHER INTERESTS IN REAL PROPERTY CONTAINED IN MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEER, FIELD PARK, LLD, DATED %MNUARY 10, 1997, FILED FOR RECORD JANUARY 13, 1997, AND RECORDED IN DEED BOOK 22035, PAGE 183, FULTON COUNTY, GEORGIA RECORDS; AS AMENDED RY FIRST SuPPIEMENTAL AMMMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND LOANERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED JANUARY 8, 1998, FILED FOR RECORD JAI-NUARY 12, 1998, IN DEED BOOK 237533, PAGE 34, AFORESAID RECORDS; AS AMENDED BY SECOND SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND O'NERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED MARCH 25; 1998, FILER FOR RECORD APRIL 1, 1998 IN DEEB BOOK 21183, PACE 103, AFORESAID RECORDS; AS AMENDED BY THIRD SUPPLDABTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWNERS ASSOCIATION FOP, DEERFIELD BY DEERFIELD PARK, LLC, DATED APRIL 29, 1998, FILED FOR RECORD APRIL 30, 1998 RECORDED IN DEED BOOK 24320, PACE Eat, AFORESAID RECORDS, AS AMENDED BY FOURTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWN ERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARR, LLC; DATED MAY 29, 1998, FILED FOR RECORD JUNE 2, 1998 IN GEED BOOL 2447%, PAGE 70, AFORESAID RECORDS, AS AMEhQED BY FIFTH SUPPLEMENTAL AMENDMENIF TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEERFIE[n PARK, LLC, DATED SEPTEMBER 4, 1998, FILL} FGR RECORD SEPTEMBER 8, 1998 IN DEED BOOK 25097, PACE 39, AFORESAID RECORDS: AS AMENDED BY SIXTH SUPPLEMENTAL AMENDMENT' TO MASTER DECLARATION OF PROFECTiVE COVENANTS AND OWNERS ASSOCIA11ON FOR DEERFIELD BY DEERFIELD PARK, LLC, A GEORGIA LIMITED LIABILITY COMPANY, DATED SEPTEMBER 21, 1998, FILED FOR RECORD SEPTE ABE:R 22, 9998 IN [TEED BOOK 25193, PACE M AFORESAID RECORDS, AS AMENDED BY SEVENTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTI' COVENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED FEBRUARY 26, 1999, FILET FOR RECORD LARCH 2, 1999 IN DEED BN3 26197, PAGE 123, AFORESAID RECORDS; AS AMENDED BY EIGHTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COTENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED LARCH 12, 19991 FILED FOR RECORD MARCH 16, 1953 IN MEED BOOK 25273, PALE 20+, AFORESAID RECORDS; AS AMENDED BY NINTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWNERS ASSOCIATION FOR DEERFIO-D BY DEERFIELD PARD, LLC, DATED LARCH, 1999, FILED FOR RECORD MARCH 16, 3999 IN DEED BOOK 2627.3, PACE 216, AFORESAID RECORDS: AS AMENDED BY TENTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION CF PROTECTIVE COVENANTS AND OWNERS ASSWATION FOR DEERFIELD BY DEERFIEID PARK, LLC, BATED APRIL !4, 2000, FILED FOR RECORD ASL 17, X700 IN DEED BOOK 21874, PACE 761, AFORESAID RECORDS; AS AMENDED BY ELEVENTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED MAY 23, 2000, FILED FOR RECORD MAY 2*. 2000, 94D RECORDED IN DEED BOOK 29102, PACE 231, AFORESAID RECORDS, AS AMENDED BY TWELFTH SUPPLEMENTAL AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED APRIL 27, 2001, FILET} FOR RECORD MAY 1, 2001 IN DEED BOOK 30302, PAGE 6CI9, AFORESAID RECORDS, AS AMENDED BY THIRTEENTH SUPPLEMENTAL AMENDMD41' To MASTER DECLARATION OF PROTIECTIVE COVENANTS AND OWNERS ASSOCIATION FOR DEERFIELD BY DEERFIELD PARK, LLC, DATED JANUARY, 2CO3, RECORDED JANUARY 8, 2003 IN DEED BOOK 33933, PAGE 12, AFORESAID RECORDS; AS AMENDED BY FCURTELNNTH SUPPLEMENTAL AMENDMENT- To MASTER DECLARATION OF PROTECTIVE COVENANTS AND OW41VIERS ASSOCIATION' FOR DEERFIELD BY DEERFIELO PARK, LLC, DATED DECEMBER 5, 2107, RECORDED DECEiaBER 14, 2007 IN DEED BOOK 46096, PACE 17, AFORESAID RECORDS, PARCEL 3 EASB04TS AND OTHER INTERESTS IN REAL PROPERTY CONTAINED IN EASEMENT AGREEMENT BY AND BETWEEN DEERFIELD PARK, LLC, A GEORGIA LIMITED LIABILITt COMPANY AND BRI OP LIMITED PARTNERSHIP, A DELAWARE UMITE 9 PAR` NERSHIP, DATED JANUARY 8, 1998, FILED FOR RECORD JANUARY 12, 1998 AND RECORMED IN DORD BOOS. 23755, PACE 48, AFORESAID RECORDS: PARCEL 4 EASEMENTS AND OTHER INTERESTS IN REAL. 'PROPERTY CONTAINED IN RECIPROCAL EASEMENT AGREEMENT 13Y AND BETWEEN DEERFIELD PARK, LLC AND LORI OP UMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, GATED DECEMBER 31, 1998, FILED FOR RECORD JANUARY 21, 1999, AND RECORDED IN DEED BOOK 26077, PAGE 5+, AFORESAID RECORDS, PARCEL, EASEMEWS AND OTHER INTERESTS IN REAL PROPERTY CONTAINED Its EASEMENT AGREEMENT BY AND BETWEEN DEERFIELD PARK, LLC, A GEORGIA LIMITED ]LIABILITY COMPANY AND ALTA PARD, LL.C., A GEORGIA LIMITED LIABILITY COMPANY, DATED AUGUST 4, 1999, FILED FOR RECORD AUGUST 6, 1999, AAD RECORDED TN DEED BOOK 27283, PAGE 137, AFORESAID RET RZ21-02– Text Amendment prepared for the January 26, 202 Planning Commission Meeting Page 1 of 1 Sec. 64-1 Definitions Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public or they may be private if specifically approved by the community development department as part of a subdivision plat or approved through the privatization process. (1) Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. (2) Private streets means roadways and parallel sidewalks similar to and having the same function as a public street, providing vehicular and pedestrian access to more than one property, but held in private ownership (as distinct from a driveway). Private streets are constructed to city standards but owned and maintained by a private entity. Necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities shall be provided. Should the city ever be petitioned to assume ownership and maintenance of the private streets prior to dedication of the streets, they must be brought to acceptable city standards subject to the approval of the director of public works. (3) Stub-out streets means streets having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to future develop ments and may be constructed without curb and gutter provided such stub-out street meets the standards of the fire department. (4) Driveway, modified single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility for no more than five single-family residential lots that are all a minimum of three acres in size. RZ21-03– Text Amendment prepared for the January 26, 202 Planning Commission Meeting Page 1 of 1 Sec. 64-1609. - Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2012 International Residential Code, Section AG105 or the 2012 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self -closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single-family dwellings in any district and may also be allowed at the back of the house on a double frontage single-family residential lot or in the front of the house or in the front yard on a flag lot as approved by the department. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be locat ed in perimeter setbacks. b. Barrier shall not be located more than 150 feet from the water's edge of the pool. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining interior property lines, and at least 100 feet from all property lines which abut single-family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall b e as specified by section 64-237. d. A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right -of-way. (Ord. No. 14-06-209, § 1, 6-16-2014; Ord. No. 15-08-256 , § 1, 8-17-2015)